UNDATED – An association of truck drivers and a couple of freight companies are suing Indiana Governor Eric Holcomb and others over a 35-percent rate increase on the Toll Road.

The increase took effect in October and the truckers claim it is unconstitutional because it only applies to heavier vehicles and the proceeds won’t be used for improving or for maintaining the Toll Road.

The lawsuit also claims the state is violating the Commerce Clause which requires toll road fees to reflect a fair approximation of the toll payer’s use of the tolled facilities.

The state and the Toll Road Concession Company agreed that the state would receive three payments totaling one billion dollars over three years.

The governor touted a plan to spend the money on expanding broadband access, biking and hiking trails, attracting more direct international airline flights to Indianapolis, and accelerating the final phase of the I-69 project.

The lawsuit, filed in U-S Southern District Court for Indiana, asks the court to order the Toll Road to stop charging the higher rates and to return higher tolls already paid.